Per A.K. Trivedi, J.

1. Cr. Appeal No. 382 of 1990 wherein Manik Chand Mahto happens to be appellant and Cr. Appeal No.424 of 1990 wherein Kapildeo Mahto happens to be appellant commonly originate against the judgment of conviction and sentence dated 8th of August 1990 rendered by Additional Sessions Judge-VI, Munger in Sessions Trial No. 694/86 holding both the appellants guilty for an offence punishable under Sections 302/34 of the IPC and sentencing them independently to undergo RI for life have been heard together and are being disposed of by this common judgment.

2. The prosecution case as per fardbeyan of Sheela Devi (PW 3) given to the police officer on 27.04.1986 at about 1:00 p.m. in village Usraha Taal in Tesjha in brief is that her husband late Jawahar Mahto had three brothers out of whom her husband was the eldest and was followed by two other younger brothers namely appellants Kapideo Mahto and appellant Manik Chand Mahto. She has also stated that both her father-in-law and mother-in-law living together with the appellants Kapildeo and Manik Chand had died whereas her husband. Jawahar Mahto (deceased) was living separately. She has also claimed that the par